Terms of Service
Last Updated: February 26, 2025
Summary
General
These Terms of Service ("Terms") govern your use of the services provided by Beans and its affiliates ("we," "us," or "our"). By accessing or using our mobile applications, websites, or related services (collectively, the "Services"), you agree to be bound by these Terms. Please review them carefully to understand your rights and obligations when using the Services.
Who is Bound by this Agreement
This Agreement applies to all users of our Services, including "Merchants" (organizations or individuals that use our Services to manage loyalty reward programs for their customers) and "Customers" (individuals that use our Services to understand and manage their loyalty points with one or more Merchants). References to "Users" means individual end users of the Services, including every employee, representative, consultant, contractor, or agent of a Merchant, every Customer, and every other end user.
"You" and "your" refer to you, if acting in your individual capacity, or the legal entity on whose behalf you are entering into this Agreement if you are acting on behalf of another legal person. If you are an individual entering into this Agreement in your personal capacity, including as a Customer or a Merchant that is a sole proprietor, you are also a User. If you are a User acting on behalf of another legal person, such as a corporation, you represent that you have the power to bind that legal person. You will ensure compliance with this Agreement by each employee, representative, consultant, contractor, or agent who uses the Services on your behalf. If you are a Merchant, that includes any User who creates an account associated with you ("Account").
While you may access the Services through another platform, such as a platform with which the Platform is integrated, this Agreement nonetheless applies to your use of our Services.
Acceptance of Terms
By engaging with our Services, you confirm your acceptance of these Terms and agree to be bound by them. If at any point you do not agree with any part of the current Terms, you must immediately stop using the Services and cancel any accounts you may have created.
Changes to Terms
We reserve the right to modify or amend these Terms at any time to reflect changes in our services, practices, or legal obligations. We will notify you of any significant changes and consider your continued use of the Services following such notice as acceptance of the updated Terms. Please review these Terms regularly to ensure you are aware of any changes.
Who can use Beans?
By using our Services, you affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms. You also affirm that you have not been previously suspended or removed from the Services and do not have more than one Beans account.
We may, in our sole discretion, refuse to offer the Services to any person or entity and may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Legal Binding
You understand that these Terms create a legally binding agreement between you and Beans regarding your use of the Services. By using our Services, you agree to comply with these Terms and ensure that any information you provide us is accurate and complete. Any use of the Services contrary to our Terms is strictly prohibited and can result in suspension of your access to the Services.
Service Description
Beans provides a platform offering loyalty and rewards solutions to businesses of various sizes. Our services are designed to help businesses engage with their customers through points-based rewards, referrals, and other loyalty-driven features. The specific features and functionalities may evolve over time as we enhance our offerings.
Account Information
To use the Services, Users must have an account with Beans. Accounts may be created through registration or provided by participating Merchants as part of their rewards programs. Users are responsible for maintaining the security of their accounts and ensuring their information remains accurate. Any suspected unauthorized access should be reported to Beans without delay.
Fees and Billing
Trial and paid plans
We offer a 14-day free trial for new users. After the trial, a paid subscription is required to continue using the Services. Fees are billed monthly or annually based on the selected plan, starting at the end of the trial unless canceled beforehand. By subscribing, you authorize Beans to charge the applicable fees on a recurring basis using the provided payment method. You are responsible for ensuring your billing information is current.
Refunds and Plan Changes
Monthly plans are non-refundable. Annual plans may be refunded within 14 days of payment, but no credits or refunds are provided for partial subscription periods, downgrades, or unused services during an active subscription. Upgrades or downgrades take effect at the next billing cycle and may affect your account features or capacity. Beans is not liable for any loss resulting from a downgrade.
Taxes and Pricing
All fees exclude applicable taxes, which you are responsible for paying, except for Beans’ income taxes. Prices are listed in USD unless otherwise stated and are subject to change with or without notice.
Content and Intellectual Property
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "Beans Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and unauthorized use of Beans Content may violate such laws and these Terms. Except as expressly provided in these Terms, Beans does not grant any express or implied rights to use Beans Content. You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Beans Content. This license is revocable at any time.
Termination and Cancellation
You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing us.
If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again.
Beans, in its sole discretion, has the right to suspend or terminate your account and refuse any current or future use of the Services, or any other Beans service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Beans reserves the right to refuse service to anyone if deemed necessary to protect the integrity of the Services, comply with legal obligations, or prevent misuse.
If, at any time, the billing obligations of any Beans service are not met, Beans reserves the right to suspend access to the Services. This suspension may affect the functionality of the program for both Merchants and Customers.
Modifications to the Service and Prices
Beans may modify, update, or discontinue the Services (or any part thereof) at any time, temporarily or permanently, with or without notice.
Prices of all Services, including but not limited to monthly and yearly subscription plan fees, may change over time. Such changes will take effect at the start of your next billing cycle, and continued use of the Service after the changes take effect constitutes acceptance of the new terms.
DISCLAIMER
THE SERVICES ARE PROVIDED "e;AS IS"e; WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE BEANS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE,WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS.
Disputes
1) Indemnification
By agreeing to these Terms you agree to indemnify, defend and hold harmless Beans, our managing members, shareholders, employees, affiliates, licensors and suppliers (the "Beans Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
2) Limitation of Liability
Except where prohibited by law, in no event will Beans or the Beans Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Beans has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Beans for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Beans is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services or any content, Beans liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Complete Agreement
These Terms constitute the entire agreement between you and Beans regarding your use of the Services.
For questions or concerns about these Terms, please contact us at hello@trybeans.com.